(A) The operating standards outlined below are the minimum threshold requirements for commercial aeronautical operators (fixed base operator, special aviation service organization and/or independent operators) as a condition of the operator’s right to lease premises and provided services on and at the airport.
(B) The following shall apply to all prospective operators as disclosure of adequate intent and resources to offer or conduct commercial aeronautical activity at the airport.
(1) Prior to initiating operations or providing services at the airport, operators must be a party to a fully-executed lease or rental agreement with the Town Council.
(2) Any executed agreement or lease with an operator shall be subordinate to the provisions of any existing or future airport property agreements or grant assurances relative to the operation or maintenance of the airport, as agreed between the Town Council/Airport Sponsor and the United States government and/or the state.
(3) The operator ground lease or operating agreement shall not include any of the airfield or taxiway systems as specified by FAA Order 51OO.38B, § 526.
(4) No airport land or building space in excess of present and foreseeable operator requirements shall be leased to any operator. Any additional land may be made available on the basis of need and availability. Although airport land designated or leased for operator activities is limited and valued, nothing contained herein shall be construed to grant or authorize the granting of an exclusive right as forbidden by § 308 of the Federal Aviation Act of 1958, being 49 U.S.C. § 40103(e).
(5) Operators must comply with applicable regulations set forth by local, state and federal agencies. The operator shall post, in a prominent place, all necessary or required licenses or permits.
(6) The operator must establish an office at the airport for public availability and for public access to staff, facilities and equipment offered by the operator’s office hours shall coincide with attended hours of airport operation as published in the airport/facility directory, unless stated otherwise in the operator’s lease agreement.
(7) The rates, charges and prices assessed by the operator may be requested and must be divulged to the Airport Commission/Town Council upon written request, including any discounts, rebates or other similar type price reductions.
(8) The operator shall have the right to choose, at its sole discretion, its vendors and suppliers. The operator reserves the right, at its sole discretion, to grant others certain rights and privileges upon the airport which are identical in part or in whole to those granted to operator.
(9) The distribution or sale of fuel on or at the airport is authorized only with the express prior written approval of the Town Council. No operator may sell or distribute aviation petroleum products at the airport unless having the prior written approval of the Airport Commission and Town Council and having met the minimum standards found in § 153.24 of this chapter.
(10) Operations such as UNICOM radio, aircraft tie-down and other miscellaneous aeronautical activities not specifically described herein may be provided or conducted by any operator upon application to and approval of the Airport Commission/Town Council. Reasonable terms and conditions for the privilege of engaging in these various services will be established or determined by the Airport Commission/Town Council as commensurate with the nature and scope of the activities involved.
(11) Failure or inability of the operator to meet the airport minimum standards shall be reported in writing to the Airport Commission/Town Council, without delay.
(Ord. passed - -2019) Penalty, see § 153.99